In some of the smaller counties in Massachusetts the sheriff or his deputy daily escorts the judge to and from the court house, in accordance with what has been the usage from colonial times.
Formerly it was the practice in New England to ring the bell of the principal church in the town daily at the hour when court opened.[Footnote: This was continued in Connecticut until the last quarter of the nineteenth century.]
In many courts it is the custom for all present to rise on a signal from the sheriff or marshal when the judge enters the court room to take his seat on the bench. This is the general usage in the federal courts and in the appellate courts of States. In the latter a formal proclamation is often made by the sheriff to announce the coming of the judicial procession, concluding with a "God save the Commonwealth." In some States formal bows are interchanged between bench and bar as the judges take their places, after which the court is opened by the customary proclamation and the bar then requested by the judges to resume their seats.
The rules of official precedence are strictly observed in appellate courts. In entering the court room the chief justice advances first, and his associates follow in the order of the dates of their commissions, the senior associate justice taking his seat on his right, the second in seniority on his left, the third in seniority on the right of the senior associate justice, and so on; the junior in commission occupying the end seat on the left of the bench.
The members of the Supreme Court and of the Circuit Court of Appeals of the United States have always worn black silk gowns. The members of the Supreme Court of South Carolina have worn them from a time antedating the Revolution. The New York Court of Appeals in 1877, at the request of the bar, preferred through David Dudley Field, adopted the practice,[Footnote: In 1903 it was extended to nisi prius courts held by justices of the Supreme Court.] and the same thing has since been done by appellate courts in several other States. In one of these, Massachusetts, they had been worn in the colonial era. About 1760, Chief Justice Hutchinson introduced gowns and cassocks there on the Supreme bench, and also gowns, bands, and tie-wigs for lawyers who were admitted as barristers of the Superior Court.[Footnote: "Life and Works of John Adams," II, 133, note, 197.] The latter soon abandoned these, but gowns were retained by the judges until 1793.[Footnote: Publications of the Colonial Society of Massachusetts, V, 22; Amory, "Life of James Sullivan," I, 261, note.] In North Carolina gowns and bands were worn by the members of the Supreme Court in 1767.[Footnote: Proceedings of the Colonial Society of Massachusetts, VI, 389.] In New Jersey, the bar were at one time required to assume them by a rule of the Supreme Court, but the rule was vacated in 1791.
At the first opening of the Supreme Court of the United States, in 1790, Chief Justice Jay wore a gown with salmon-colored facings on the front and sleeves, of the style then used by Doctors of Laws created by the University of Dublin, from which he had received that degree.[Footnote: 134 U. S. Reports, Appendix.] It has not since, in that or any other American court, been the practice for judges to wear academic hoods or other decorations on the bench.
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Counsel, in addressing the court, rise and begin with "May it please the Court," "May it please your honor," or, before a court in bane, "May it please your honors." The term "you" would never be used to a judge on the bench; but that of "your Honor" would be employed.
Great pains is taken by the officers in attendance to prevent anything on the part of the audience that could in any way disturb the proceedings, such as loud conversation or unnecessary moving from place to place.
There is a good deal of antique form in the manner in which, under the direction of the clerk, prisoners are arraigned and juries are made up or "impanelled" for the trial of a cause.